Cheap booze ban WOULD be legal ... because it’s good for our health

A bylaw banning the sale of cheap booze in Greater Manchester WOULD be legal, a leading city lawyer has claimed. Plans to introduce a 50p-per-unit minimum price on alcohol using local legislation have been met with concern that they could fall foul of European competition laws.

A bylaw banning the sale of cheap booze in Greater Manchester WOULD be legal, a leading city lawyer has claimed.

Plans to introduce a 50p-per-unit minimum price on alcohol using local legislation have been met with concern that they could fall foul of European competition laws.

The M.E.N. revealed last month that the Association of Greater Manchester Authorities are exploring the option in a bid to tackle the region’s devastating booze toll, which costs the NHS hundreds of millions of pounds a year.

The moves have received the backing of leading health experts and the Prime Minister. Opponents claim the bylaw – which would be the first of its kind in Britain – might fall foul of European legislation.

But experts at Manchester law firm Cobbetts said the benefit it would have on public health would trump any competition fears.

Partner Kevin Jaquiss, who has advised Our Life, the health campaigners who pioneered the idea, said: "Clearly there will be areas that people can challenge and this will involve policy decisions, which are for politicians to make.

"But the legal position is that, on the face of it, if the council leaders can demonstrate they are acting strongly in the interest of public health they should not fall foul of European laws.

"It will be a question of evidence and proportionality. All the signs are that all sorts of other options have been explored and this is now considered the best route for tackling this problem.

"There is European law that operates at street level which prevents states and public bodies from doing things that are broadly anti-competitive but generally, where a body is acting to protect public health, that would trump considerations on the impact of competition."